论外交保护中公司国籍认定-宪法学与行政法学专业论文.docxVIP

重庆大学 重庆大学硕士学位论文 英文摘要 PAGE PAGE VI ABSTRACT After the reform and opening policies was adopted in china. The level of economic development is improved obviously. After joining the WTO, not only the level of domestic economy improves very quickly, but also indicates that Chinese economy has stepped into the international economic system. The foreign enterprises gradually increase their investment to China. At the same time, the Chinese companies begin to do some investments in abroad, because the Chinese market now are not suit the growing of Chinese companies. When dealing with the international investment disputes, we will face two requests from different subjects. One is from the Chinese companies in abroad, and the another one is from the nationality state of the foreign companies in China. There are many methods to settle the disputes, one of these is the diplomatic protection. Diplomatic protection means that if the legitimate interest of the foreign nationals is infringed by the Host Government and can not be relieved. The foreigners＇country can use diplomatic or other means to request compensation from the country which harm its citizen. The country using the diplomatic protection right is based on the jurisdiction of the country has. The jurisdiction can be divided into territorial jurisdiction, personal jurisdiction, protective jurisdiction and universal jurisdiction. At first, the object of diplomatic protection just include natural person. Later, with the developing of economy, it not only include natural person, but also include company. To determine whether a country has the right to exercise diplomatic protection, the key point is that whether the company has the nationality of the country. About The corporation＇nationality, there are two aspects which we should take care, one about the theory analysis of corporation ＇ nationality, another about identification rules of corporation＇nationality. About the second aspect, the most import